This case has been cited 1 times or more.
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2016-01-13 |
PERALTA, J. |
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| This Court is also in agreement with the ruling of the CA that accused-appellant is guilty of six (6) counts of estafa under Article 315, par. 2 (a) of the Revised Penal Code, as amended. It is settled that a person may be charged and convicted separately of illegal recruitment under R.A. 8042, in relation to the Labor Code, and estafa under Article 315 (2) (a) of the Revised Penal Code.[17] The elements of estafa are: (a) that the accused defrauded another by abuse of confidence or by means of deceit, and (b) that damage or prejudice capable of pecuniary estimation is caused to the offended party or third person.[18] As aptly found by the RTC and affirmed by the CA, accused-appellant defrauded the private complainants into believing that she had the authority and capability to send them for overseas employment in Japan and because of such assurances, private complainants each parted with P20,000.00 in exchange for said promise of future work abroad. Still, accused-appellant's promise never materialized, thus, private complainants suffered damages to the extent of the sum of money that they had delivered to accused-appellant. | |||||